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California Sportfishing v. Verco Decking

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 26, 2012

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
v.
VERCO DECKING, INC., A CORPORATION, DEFENDANT.

The opinion of the court was delivered by: The Hon. Susan Illston United States District Judge

NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS AND VACATING EXISTING DATES

Judge: Hon. Susan Illston

Case Mgt. conference continued to 2/8/13 at 2:30 p.m. PLEASE TAKE NOTICE that the parties have reached a settlement resolving all claims 25 in this action. Entry of the settlement, however, must await the expiration of the federal agencies' 26 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. § 27 28 Notice of Settlement; Stip. and [Proposed] Order Staying Proceedings and Case No. C12-00184 23505\3304992.1

Vacating Existing Dates

1365(c)(2).*fn1

3 judgment disposing of this action may be entered prior to 45 days following the receipt of the 4 proposed settlement agreement by the United States Department of Justice and the national and 5

(requiring the parties to provide notice to the court of the 45-day agency review period under 33 7

PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no Region IX offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 6

U.S.C. § 1365(c)). Such notice was mailed to the agencies on October 11, 2012. The regulatory 8 agencies' review period will end by approximately December 4, 2012 (allowing forty-five days 9 for agency review and approximately nine days for mailing time). If any of the reviewing 10 agencies object to the proposed Consent Agreement, the parties may require additional time to 11 meet and confer and attempt to resolve the agencies' concerns. At the end of the 45-day review 12 period, the parties will file the proposed Consent Agreement for review and approval by the 13

In light of the settlement agreement entered into by the parties and the need to await the

15 conclusion of the agencies' 45-day review period, Plaintiff California Sportfishing Protection 16

Alliance ("CSPA") and Defendant Verco Decking Inc. ("Verco"), through their respective 17 counsel, stipulate and agree as follows:

20 since the filing of the Complaint; 21

Agreement on October 8, 2012; 23 certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and must now await the completion of the 45-day review period set forth at 40 C.F.R. § 135.5 and 33

Court. 14

WHEREAS, on January 11, 2012, CSPA filed its Complaint in this action;

WHEREAS, CSPA and Verco have been diligently engaged in settlement discussions

WHEREAS, the parties successfully completed and executed a proposed Consent WHEREAS, on October 11, 2012, CSPA submitted the proposed Consent Agreement via Notice of Settlement; Stip. and [Proposed] Order Staying Proceedings - 2 - Case No. C12-00184 and Vacating Existing Dates U.S.C. § 1365(c)(2); 2

WHEREAS, in the interests of efficiency and judicial economy, the parties wish to minimize costs incurred in this matter pending the agencies' review of the executed settlement 4 agreement; 5

WHEREAS, in light of the parties' entering into the settlement agreement and the need to allow the federal agencies 45 days to review the proposed Consent Agreement, the parties further request that the Court immediately stay all proceedings in this action until December 15, 2012, by which date the parties expect to have filed the proposed Consent Agreement for approval by the Court. The parties further request that all deadlines and dates currently scheduled by the Court be vacated.

THEREFORE, IT IS HEREBY STIPULATED, by and between CSPA and Verco, through their respective counsel of record, that the Court stay all proceedings in this action until December 15, 2012 and, with the exception of this Stipulation, vacate all deadlines and dates 13 currently scheduled by the Court. Respectfully submitted,

Dated: October 24, 2012 FARELLA BRAUN MARTEL LLP By:Paul P. "Skip" Spaulding (as authorized on 10/12/2012) Paul P. "Skip" Spaulding Attorneys for Defendant VERCO DECKING, INC. Dated: October 24, 2012 LOZEAU DRURY LLP By:Michael R. Lozeau Michael R. Lozeau Attorneys for Plaintiff

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE PURSUANT TO STIPULATION, IT IS SO ORDERED. 25

Notice of Settlement; Stip. and [Proposed] Order Staying Proceedings - 3 - Case No. C12-00184 and Vacating Existing Dates Case Mgt. conference continued to 2/8/13 at 2:30 p.m.


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